State v. Cooper

<p>1. Jury — Disqualification of Juror — Grand Jury.</p> <p>One who served on the grand jury which returned an indictment is disqualified for service as a petit juror on the trial of a person thereby accused. (p.474).</p> <p>2. Same — Disqualification—Substitution of Juror.</p> <p>Though by the court deemed qualified upon voir dire and sworn as such juror, he not then recalling such former service, it was not error to excuse him from the panel of twelve, and in his stead to substitute another who upon examination was .ascertained to be free from disqualification, (p.474).</p> <p>3. Same — Challenge for Cause — Objection to Withdrawal of Juror.</p> <p>A mere objection to the withdrawal of a disqualified juror and the substitution of another upon due examination adjudged free from objection, is not a challenge for cause, (p.474).</p> <p>4. Same — Objection to Juror — Waiver.</p> <p>One accused of a felony waives his right of challenge, and will not, after verdict, be heard to complain, if, with knowledge of the disqualification, he remains silent or refuses, when afforded an opportunity, to exercise his right thereto, (p. 474).</p> <p>. 5. Criminal Law — Harmless Error — Argument of Counsel.</p> <p>Remarks of counsel in argument, which, when objected to, the court instructs the jury to disregard, is not cause for reversal of a judgment on a verdict otherwise free from error, (p. 478).</p> <p>6. Same — Homicide—Instructions—Evidence.</p> <p>A case in which rulings on instructions held not erroneous, (p. 476).</p> <p>(Poeeenbarger. and Robinson, Judges, dissenting.)</p>